EverythingPeople This Week!

23

May

2017

The Impact of Motherhood on Pay

Author: Michael Burns

Gender pay disparity and the many reasons for it, continues to be studied by researchers.  A new study by researchers at Wellesley, Harvard, Boston College and the Institute for Social Research in Oslo, Sweden identifies motherhood as a big impediment to equal pay as women’s careers progress. 

23

May

2017

AI in HR

Author: Heather Nezich

Artificial Intelligence (AI) is one of the newest trends in HR and talent acquisition.  According to a recent CareerBuilder survey, more than 1 in 10 HR managers (13%) are seeing AI become a regular part of HR.  55% say they expect it to play a large role within the next five years.

23

May

2017

Can Drug Tests Be Multiple Choice?

Author: Chance,Susan

Kurt Rambis, former NBA champion and coach, is quoted as saying, “I’m in favor of drug tests, just so long as they are multiple choice.” There are many different types of drug tests available for screening applicants and employees for drug use, but can they be multiple choice? In a way they can. How? Well I’m so glad you asked.

23

May

2017

Quick Hits - May 24, 2017

Author: Heather Nezich

More than one in 25 U.S. workers fail their employer’s drug tests: More U.S. workers are testing positive for illicit drugs than at any time in the last 12 years, according to data from Quest Diagnostics Inc.  

23

May

2017

Summer Vacation is Rapidly Approaching – Do You Know the Guidelines for Employing Minors?

Author: Kristen Cifolelli

As the summer rapidly approaches, many employers will supplement their seasonal workforce with minors under the age of 18.  While this is a great opportunity to give a youth the ability to learn work skills, employers need to be aware of the special requirements and their obligations for employing a minor.

16

May

2017

Quick Hits - May 17, 2017

Author: ASE Staff

Two republican attorneys to be nominated to NLRB:  Attorneys Marvin Kaplan and William Emanuel will be nominated by President Trump to fill the two openings on the five-member National Labor Relations Board. 

16

May

2017

Why Aren't More Women in the Workforce?

Author: Anthony Kaylin

According to US Census statistics, 57% of women work outside the home, compared with 69.2% of men. Fed Chairperson Janet Yellen stated that “[o]ne recent study estimates that increasing the female participation rate to that of men would raise our gross domestic product by 5%.”  So why aren’t more women in the workforce?

9

May

2017

Quick Hits - May 10, 2017

Author: ASE Staff

Spending bill reduces DOL budget:  The bill would provide a total of $12.1 billion for the DOL - $83 million below the FY 2016 enacted level and $710 million below the previous administration’s budget request.

9

May

2017

Sixth Circuit Recognizes “Cat’s Paw” Theory Application in FMLA Retaliation Suit

Author: Michael Burns

The intriguingly named “cat’s paw” theory of discrimination looks at whether an adverse employment action, in this case a retaliatory discharge, that was initiated by “ultimate decision makers” was in fact being influenced by lower level supervisors with discriminatory intent. This theory is relatively new but has been successfully used by plaintiffs in a broad range of other equal employment opportunity cases. The case at hand, Gloria Marshall v. The Rawlings...

2

May

2017

Quick Hits - May 3, 2017

Author: ASE Staff

Alexander Acosta is now the Secretary of Labor: President Donald J. Trump nominated R. Alexander Acosta to be the 27th United States Secretary of Labor. He was sworn in on April 28, 2017. 

25

Apr

2017

Quick Hits - April 26, 2017

Author: ASE Staff

Skill gap causing major headaches for employers:  According to a CareerBuilder study, 2 in 3 employers (67%) say they are concerned about the growing skills gap. 

18

Apr

2017

Quick Hits - April 19, 2017

Author: ASE Staff

Why joint employment questions matter: Generally, an employee is not entitled to overtime pay unless he works more than 40 hours a week for a single employer. It is not uncommon, however, for a company which has a subsidiary to employ some staff that work for both companies. 

18

Apr

2017

Excessive 401(K) Fees Lead to Lawsuits

Author: Anthony Kaylin

It used to be that retirement plan administration was a routine affair.  Not anymore.  Excessive 401 or 403 fees are the hot new area of ERISA lawsuits.  They can be costlier than wage and hour lawsuits and personally hit the retirement plan fiduciaries.  

 

18

Apr

2017

Is Work/Life Balance a Pipe Dream?

Author: Heather Nezich

With everyone being connected 24/7, is achieving work/life balance really just a pipe dream?  For most people it is more about creating a blend of the two, not necessarily creating two separate pieces in balance.  So instead of continually trying to achieve balance between the two, consider integration instead.  When you integrate your work with your life you are more likely to be happy and achieve success.

11

Apr

2017

Quick Hits - April 12, 2017

Author: ASE Staff

OSHA investigative power circumscribed:  President Trump has signed H.J. Res. 83, a resolution of disapproval to nullify the Department of Labor's rule, "Clarification of Employer's Continuing Obligation to Make and Maintain an Accurate Record of Each Recordable Injury and Illness," according to an April 3 White House press release.

11

Apr

2017

Ohio Most Recent State to Pass “Parking Lot” Gun Law

Author: Kristen Cifolelli

On March 21, 2017, the state of Ohio was the most recent state to approve a gun law that allows individuals with a valid concealed handgun license (CCW) to possess firearms in their vehicles on their employer’s property.  This type of gun law is commonly referred to as a “parking lot" gun law, and Ohio has joined a growing list that now totals over 20 states that have enacted such a law.  The intent of these guns-at-work laws is to protect an individual’s right to...

11

Apr

2017

Microchipping Employees –The Future is Now

Author: Anthony Kaylin

As we first reported in last week’s Quick Hits, what seems to be a page from an Isaac Asimov or Robert Heinlein sci-fi novel, a Swedish startup, Epicenteris, is implanting chips in their employees hands.  These microchips, the size of a grain of rice, function as swipe cards to open doors, operate printers, or buy smoothies with a wave of the hand.  It is not required of every employee, but is done on a voluntary basis.  The chips are injected — using pre-loaded...

11

Apr

2017

You Want the Truth

Author: Chance,Susan

“You want answers?” “I want the truth!” This was a passionate exchange that took place between Tom Cruise as Lt. Daniel Kaffe, and Jack Nicholson as Col. Nathan R. Jessup, in the 1992 film A Few Good Men. When you run a background check you don’t just want answers, you want the truth, but are you getting the whole truth?

11

Apr

2017

Not an Employee. Not an Independent Contractor. What is a Contributor?

Author: Michael Burns

In his article “The Future Rise of the ‘Contributor’ – Are We Closer To Finding That Elusive Third Category of Worker?”, Richard Meneghello, Attorney at Fisher Phillips, states that a recent survey by Ranstad US finds many workers want to be called “contributors” instead of “employees” or “independent contractors.” The survey report entitled “Demystifying The Future Workforce” notes that Millennials that embrace gig...

4

Apr

2017

Seventh Circuit Court Confounds Employers’ Attempt to Create a New Type of Work Relationship

Author: Michael Burns

In an interesting case regarding employee classification, the Seventh Circuit found that a position was neither an employee, a leased employee, nor a contractor according to separate insurance policies that covered such classifications for purposes of theft and other fraud liability.  So what was this “employee?”

4

Apr

2017

Quick Hits - April 5, 2017

Author: ASE Staff

Update on Texas Roadhouse case:  As previously reported by EPTW in February, Texas Roadhouse was sued by the EEOC for age discrimination.  Last Friday, Texas Roadhouse agreed to pay $12 million to resolve the long-running litigation.  

28

Mar

2017

Study Suggests Telecommuting Employees May Have Lower Wage Growth

Author: Kristen Cifolelli

Telecommuting offers numerous positives for both employers and employees.  A few of those benefits include increasing employee productivity due to fewer distractions, improving employee satisfaction and retention rates, saving employee commuting costs, and offering employees more flexibility with their schedule.  According to Global Workplace Analytics, a San Diego-based consulting firm that specializes in flexible-workplace strategies, 20-25% of U.S. employees are estimated to...

28

Mar

2017

Quick Hits - March 29, 2017

Author: ASE Staff

Michigan updates its EEO poster:  The Michigan Department of Civil Rights (MDCR) recently released its revised version of the Michigan Law Prohibits Discrimination poster required by the Michigan Elliott-Larsen Civil Rights Act and the Persons with Disabilities Civil Rights Act (MPWDA).

28

Mar

2017

ASE’s Quarterly Economic & Employment Survey Paints a Rosy Picture for Area Manufacturers

Author: Sara Pebbles

Last month American Society of Employers released the results to its 2016 Quarterly Economic & Employment Survey for the fourth quarter of 2016.  A close look at the data suggests strong improvements in the business outlook among employers in the Manufacturing and Goods Producing sector.  Thirty-seven percent of employers in that sector reported that their organization’s future (i.e., 6 to 12 months) business outlook had improved moderately or significantly.  Compared...

28

Mar

2017

Does Office Layout Affect Productivity?

Author: Heather Nezich

Many studies have shown that the environment employees work in does have an effect on their productivity.  From wall colors, to furniture, to technology, to office layout…it all makes a difference.   A recent study from the architecture firm, Gensler, found that there is evidence that links workplace performance to office design.

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